Fort Bragg: Foster father expected to testify at trial in baby's death

A Fort Bragg foster father accused of beating a 5-month-old baby girl to death will likely take the witness stand to refute the charge at his upcoming trial, his defense attorney, Public Defender Linda Thompson, announced in Mendocino County Superior Court this week.

Willson L. "Josh" Tubbs III, 39, of Fort Bragg, faces a charge of child abuse resulting in death, which carries the same weight as first-degree murder and a possible sentence of 25 years to life in prison, according to the Mendocino County District Attorney's Office.

"This is the type of case where it's all or nothing," Thompson said in court during a Thursday hearing to prepare for the trial. "My client is likely to testify, and he's going to deny that he put a hand on the baby."

She clarified later that Tubbs would testify that he didn't inflict the injuries that caused baby Emerald Herriet's death. His time on the stand for Thompson's direct examination -- not counting the prosecutor's cross-examination -- "will be lengthy," she told the court.

Tubbs brought the baby girl, who had months earlier been taken from her mother, to Mendocino Coast District Hospital on Dec. 2. The baby was not breathing and blue, and had bruises on her face and head.

Tubbs initially claimed the infant was injured when she fell from a changing bench onto a hardwood floor in his house, and later admitted to Fort Bragg police that he slapped and violently shook the baby.

The baby girl was flown to Oakland Children's Hospital, where she was pronounced dead Dec. 4. Tubbs was arrested Dec. 10 in her death, and remains in custody at the Mendocino County Jail under $500,000 bail.

A child abuse specialist who examined baby Emerald at Oakland Children's Hospital testified at Tubbs' May preliminary hearing that she found at least 49 bruises on the baby's head and face, two skull fractures, multiple hemorrhages in her retinas and severe subdural hematoma -- the accumulation of blood between the brain's surface and inside of the skull -- all indicating the baby was likely abused over a period of time.

Thompson and prosecutor Paul Sequeira of the Mendocino County District Attorney's Office plan to call more than 40 witnesses for the trial. Jury selection begins Monday, and is expected to take the rest of the week. The trial is estimated to last between eight and 10 court days once a jury is seated and the prosecution starts to present evidence.

Tiffany Revelle can be reached at udjtr@ukiahdj.com, on Twitter @TiffanyRevelle or at 468-3523.